Security minister Alexis Bethancourt recently signed into law Decree 302. The latter established new special retirement rights for those working in the country's security forces.
The Decree grants early retirement rights to commissioners that have held positions of minister, deputy minister, director general and deputy director general in the executive. As such, the decree will directly benefit the current security minister himself.
On top of allowing for an even earlier retirement option for security officials that is currently contemplated by the law, the decree also awards a monthly pension of $7000.
This new early retirement plan could cost the state coffers $8.4m, and would directly benefit a select group of 10 senior officials currently occupying those posts.
Article 364 of decree 172 makes references to the rules determining the process of retirement from the nation's security forces. One such rule is the achievement of 30 years of service, to which there are exceptions if certain conditions are met.
However, the norm indicates that in case of early retirement before the completion of 30 years of service, officials should not be entitled to 100% of their final salary.
The new decree, which has been signed into law by President Juan Carlos Varela and Security minister Alexis Bethancourt, contradicts that norm.
According to lawyer Ernesto Cedeño, decree 302 is unlawful, since it contradicts the rules governing special retirement rights for security personnel laid down in Law 93 of 2013.
Indeed, Law 93 establishes that the benefits accruing to those officials who retire on 100% of their salaries applied to a period of 10 years, taking into account that by the end of such period they should be qualifying for a pension under the social security scheme (CSS).
In the case of a police official entering duty at the age of 22 as a lieutenant, upon completion of his four years of studies, special retirement could take place by the time his 52. At the end of the period of 10 years established by law 93, said official could then draw a pension from the social security system.
However, in the case of high-ranking officials that may have retired earlier from top positions, the recently signed decree would appear to give to right to draw a special pension for a period of longer than 10 years.
In spite of widespread criticism and demands that decree 302 be withdrawn, many are defending it, as is the case of social development minister, Alcibiades Vasquez.
“Before criticizing the choice of President Juan Carlos Varela, people should understand the danger and complexity that those security positions entail", he declared.
Others have different opinions. The as secretary general of the national federation of public servants, Alfredo Berrocal, has publicly demanded the withdrawal of decree 302, on the basis that it represents an unjustified cost for taxpayers.
Mr. Berrocal has warned that he will submit a lawsuit against such privileges as those contemplated in the decree.
University professor Miguel Antonio Bernal also added his voice to those criticizing the decree as unconstitutional.
Mr. Bernal went as far as to accuse President Juan Carlos Varela of signing such decree to ingratiate himself to the security forces in order to perpetuate himself in power. This of argument was have also echoed by Mr. Berrocal.
Assembly member for the opposition party Cambio Democratico (CD), Marilyn Vallarino, condemned the 'excessive privileges' the decree creates, which are out of sync with the reality of our country in which many retire on 'poverty income'.
'Many people who have worked for many years for the government on salaries that do not reach $500, then retire on even less than that', she declared.
Political analyst Jose Isabel Blandon highlighted how this latest decree is 'in line with a certain political thinking'. In an interview for NEXtv, he warned that the danger of this special retirement rights for military personnel of may lead to 'others asking for the same'.
